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10.2-5 Illegal Transfer of a Credit Card -- § 53a-128c (c)
Revised to December 1, 2007
The defendant is charged [in count __] with the illegal transfer of a credit card. The statute defining this offense imposes punishment on
any person other than the issuer who sells a credit card or buys a credit card from a person other than the issuer.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Bought or sold a
credit card
The first element is that the
defendant (sold / bought) a credit card. "Credit
card" means any instrument or device, whether known as a credit card, as a
credit plate, or by any other name, issued with or without fee by an issuer for
the use of a cardholder in obtaining money, goods, services or anything else of
value on credit.
Element 2 - Not an issuer
The second element is that (the
defendant / the person from whom the card was bought) is not the issuer of the
credit card. "Issuer"
means the person or entity issuing a credit card, or a duly authorized agent.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant (sold / bought) a credit card, and 2) (the defendant / the person from whom the card was bought) is not the issuer of the credit card.
If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of the
illegal transfer of a credit card, then you shall find the defendant guilty. On
the other hand, if you unanimously find that the state has failed to prove
beyond a reasonable doubt any of the elements, you shall then find the defendant
not guilty.